Effective Date: June 11, 2025
Welcome to Pay Hero Kenya! These Terms of Service (“Terms”) govern your access to and use of the Pay Hero website, mobile application, APIs, and any other services provided by Pay Hero (collectively, the “Services”).
Please read these Terms carefully before using our Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use our Services.
1. Acceptance of Terms
By accessing or using the Pay Hero website, mobile application, APIs, or any other services provided by Pay Hero (collectively, the “Services”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements and that you have the right, authority, and capacity to enter into this agreement and to abide by all of these Terms of Service.
3. Account Registration and Security
To access certain features of the Services, you may be required to register for an account. You agree to:
- Provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- Maintain the confidentiality of your account password and to notify Pay Hero immediately of any unauthorized use of your account or any other breach of security.
- Be solely responsible for all activities that occur under your account, whether or not you have authorized such activities. Pay Hero will not be liable for any loss or damage arising from your failure to comply with this security obligation.
- Not share your password with any third party.
4. Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to laws regarding financial services, anti-money laundering (AML), and counter-terrorism financing (CTF).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Pay Hero, a Pay Hero employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Pay Hero or users of the Services or expose them to liability.
- To process transactions that are fraudulent, illegal, or violate any applicable laws or regulations.
5. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pay Hero, its licensors, or other providers of such material and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Services for your personal, non-commercial use only, unless explicitly agreed otherwise in a separate written agreement with Pay Hero. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.
6. User Content
The Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are solely responsible for the User Content that you post on or through the Services, including its legality, reliability, and appropriateness.
By posting User Content on or through the Services, you grant Pay Hero a worldwide, non-exclusive, royalty-free, transferable, sublicensable right to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services for the purpose of providing and promoting the Services.
7. Payment Terms and Financial Services
Certain aspects of the Services may be provided for a fee. You agree to pay all fees associated with the Services you use in accordance with the pricing and payment terms communicated to you.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.
We reserve the right to refuse or cancel your order or transaction at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, suspicion of fraud, or any other reason in our sole discretion.
You acknowledge that Pay Hero provides financial technology services and is not a bank or a licensed financial institution, unless explicitly stated otherwise and operating under the appropriate regulatory licenses. Our Services facilitate payments and financial transactions but do not provide banking, lending, or deposit-taking services directly, unless licensed to do so.
8. Anti-Money Laundering (AML) and Know Your Customer (KYC)
Pay Hero is committed to complying with all applicable AML and KYC laws and regulations in Kenya and internationally. You agree to cooperate fully with Pay Hero in its efforts to comply with such laws, including providing any requested documentation or information for identity verification and transaction monitoring purposes. Failure to do so may result in the suspension or termination of your account.
9. Data Privacy
Your use of the Services is also governed by our Privacy Policy, which outlines how we collect, use, disclose, and protect your personal data. By using the Services, you consent to such collection, use, disclosure, and protection as described in the Privacy Policy.
10. Third-Party Services and Links
The Services may contain links to third-party websites or services that are not owned or controlled by Pay Hero. Pay Hero has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pay Hero shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
11. Termination
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to:
- A breach of these Terms of Service.
- Suspicion of fraudulent, illegal, or unauthorized activity.
- Violation of any applicable laws or regulations.
- Your failure to comply with AML/KYC requirements.
- Any other reason that Pay Hero deems necessary for the security or integrity of its Services or in compliance with legal obligations.
Upon termination, your right to use the Services will immediately cease.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAY HERO, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT,4 TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SPECIFICALLY, PAY HERO SHALL NOT BE HELD LIABLE FOR ANY FRAUDULENT TRANSACTIONS OR ACTIVITIES PERPETRATED BY YOUR CUSTOMERS OR THIRD PARTIES, EVEN IF SUCH FRAUDULENT ACTIVITIES ARE FACILITATED THROUGH THE USE OF OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE IDENTITY AND LEGITIMACY OF YOUR OWN CUSTOMERS AND FOR IMPLEMENTING YOUR OWN FRAUD PREVENTION MEASURES. PAY HERO’S ROLE IS LIMITED TO PROVIDING THE TECHNOLOGY PLATFORM FOR TRANSACTION PROCESSING, AND WE DO NOT ASSUME RESPONSIBILITY FOR THE UNDERLYING COMMERCIAL RELATIONSHIP OR THE AUTHENTICITY OF TRANSACTIONS BETWEEN YOU AND YOUR CUSTOMERS.
13. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
PAY HERO DOES NOT WARRANT THAT (I) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (III) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.5
14. Indemnification
You agree to defend, indemnify, and hold harmless Pay Hero and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
- Your use and access of the Services, by you or any person using your account and password.
- A breach of these Terms of Service.
- Your violation of any rights of another, including but not limited to intellectual property rights or privacy rights.
- Any fraudulent or illegal activity conducted by you or your customers through the Services.
15. Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration Act 1995 of the Laws of Kenya. The seat of arbitration shall be Nairobi, Kenya. The language of the arbitration shall be English.
16. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect, typically through a prominent notice on our website or within the Services. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
18. Entire Agreement
These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements, oral or otherwise, regarding the Services.
19. Contact Us
If you have any questions about these Terms, please contact us at:
Phone: +254765344101
Email: [email protected]
Address: Nairobi, Kenya